نوع مقاله : علمی-پژوهشی
نویسنده
عضو هیأت علمی پژوهشکدۀ تحقیق و توسعۀ علوم انسانی (سمت)، تهران، ایران.
کلیدواژهها
عنوان مقاله English
نویسنده English
When studying the texts of international law, we always come across terms such as the teachings of the most highly publicist of international law and doctrine; the terms that are mentioned especially in the international law resources section, looking at Article 38 of the Statute of the International Court of Justice, as the subsidiary means of determining the rules of international law. However, when we go through the authoritative textbooks, in the section of teachings and doctrines of international law, not much detail is seen by the most prominent writers of international law. In recent years, the International Law Commission has tried to focus on the issue of sources of international law, to deal in detail with the sources listed in Article 38 of the Statute of the Court, and the issue of doctrine under the title " subsidiary means of determining the rules of international law" is currently being studied by the Commission. The question addressed in this article is whether there is a difference between the doctrine and the teachings of the most highly publicist of international law? What are the criteria for determining the teachings of the most highly publicist of international law and doctrine in international law? It is assumed that there is a difference between these two terms in international law, and it seems that there are criteria to distinguish between these two concepts.
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